TB5-04889

TB5-04889

The RAD confirmed the RPD: the principal Appellant lacked credibility on core aspects of her claim; the newly tendered school assessment documents did not materially affect credibility or raise a central issue warranting an oral hearing; on the merits there is no serious possibility of persecution on return and, alternatively, a viable internal flight alternative exists in Abuja or Port Harcourt; therefore the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed under s.111(1)(a) IRPA.

Citation
TB5-04889
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant (female): XXXX XXXX XXXX; Minor Appellant (male): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2015
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division (decision)
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Internal Flight Alternative, Gender Based Persecution, Admissibility of New Evidence, Oral Hearing Request
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Gender Based Persecution Admissibility of New Evidence Oral Hearing Request

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant (female)

XXXX XXXX XXXX

Minor Appellant (male)

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division (decision)

Legal Issues

  1. 1 Whether new evidence was admissible under s.110(4) IRPA and whether it raised a credibility issue warranting an oral hearing
  2. 2 Whether the principal Appellant was a credible witness
  3. 3 Whether there is a serious possibility of persecution on return to Nigeria

Ratio Decidendi

The RAD confirmed the RPD: the principal Appellant lacked credibility on core aspects of her claim; the newly tendered school assessment documents did not materially affect credibility or raise a central issue warranting an oral hearing; on the merits there is no serious possibility of persecution on return and, alternatively, a viable internal flight alternative exists in Abuja or Port Harcourt; therefore the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA